20160831 Ver 2_401 Application_20170617

A!�LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
TO: Mr. Chad Coburn
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington NC 28405
June 8, 2017
RE: Harrington Village, Phase 2; Brunswick County, NC
401 WQC Application
Action ID# SAW -2016-01625
Dear Chad:
JUN .1 2 2017
DEQ-WAT R RE 5—Mms
401 & BFF PEEMITTING
Enclosed is a 401 WQC Application submitted on behalf of Harrington Village Holdings LLC for
Harrington Village Phase 2, a mixed-use development located off of Village Road in Leland, NC.
Phase 2 of the proposed project will include five residential buildings. Development also
includes required roadways, parking and pedestrian walks as well as a stormwater facility. This
will result in impacts to 0.047 sf of a jurisdictional ditch (RPW). Note that impacts to 0.05 acre
of 404 wetlands and 0.034 acre of RPW were previously authorized and constructed in Phase 1.
Enclosed are the PCN form, site maps, and site plan. Since cumulative impacts for the project
exceed 0.1 acre, I have mailed copies of the application and the application fee to your Raleigh
office. Please let me know if you have any questions or need additional information in order to
issue the 401 WQC. Thank you for your assistance with this project.
Sincerely,
'\J
Kim Williams
Environmental Scientist
Encl.
cc: Mr. D Logan, Harrington Village Holdings, LLC
Ms. Jennifer Burdette, NC DWR
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 9 Wilmington, NC 28403

O�0� W A T Fy
i
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the
Corps:
® Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
® Yes
❑ No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Harrington Village; Phase 2
2b.
County:
Brunswick County
2c.
Nearest municipality / town:
Leland
2d. Subdivision name:
Harrington Village
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Harrington Village Holdings, LLC
3b.
Deed Book and Page No.
03833 1203
3c.
Responsible Party (for LLC if
applicable):
Mr. D Logan
3d.
Street address:
60 Gregory Road; Suite 1
3e.
City, state, zip:
Belville, NC 28451
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner) N/A
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h. Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Kim Williams
5b.
Business name
(if applicable):
Land Management Group, Inc.
5c.
Street address:
3805 Wrightsville Avenue, Suite 15
5d.
City, state, zip:
Wilmington, NC 28403
5e.
Telephone no.:
[phone]
5f.
Fax no.:
[phone]
5g.
Email address:
[e-mail]
Page 2 of 12

•
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Portion of 038BB026
1 b. Site coordinates (in decimal degrees):
Latitude: 34.238219 Longitude: -77.997800
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
7.47 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
Sturgeon Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
C; SW
2c. River basin:
Cape Fear 03030005
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site is currently undeveloped. Some grading work has begun on site. Adjacent properties are mostly residential with
some commercial adjacent to Village Road. Phase 1 of Harrington Village is being constructed in the southern part of the
larger tract.
3b. List the total estimated acreage of all existing wetlands on the property:
0.23 acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
N/A
3d. Explain the purpose of the proposed project:
The purpose of the project is to construct Phase 2 of a mixed use development. Proposed RPW impacts are necessary to
construct a stormwater pond and a 15' -wide access area around it.
3e. Describe the overall project in detail, including the type of equipment to be used:
The Harrington Village Development is a Mixed Used Project permitted under the Town of Leland's FlexCode Zoning. Phase
2 of the project will consist of 5 residential buildings. Development also includes required roadways, parking and pedestrian
walks as well as a stormwater facility. Baldwin Drive is being extended to connect to Fairview Road. The stormwater pond has
been designed to be located in the lowest part of the site. The pond and access area around it will result in impacts to 0.047 sf
of a jurisdictional ditch (RPW). Note that impacts to 0.05 acre of 404 wetlands and 0.034 acre of RPW were previously
authorized and constructed in Phase 1.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No El Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
EJ Preliminary Final
®
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Land Management Group, Inc.
Name (if known): Wes Fryar
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Brad Shaver issued a JD for Phase 2 on May 24, 2017 (Action ID# SAW -2016-01625).
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
®Yes ❑ No ❑Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A NWP 18 for Phase 1 of the project was issued by the USACE for impacts to 0.05 acre of 404 wetlands and 0.034 acre
of RPW on 9/17/16. These impacts have been installed.
6. Future Project Plans
6a. Is this a phased project?
® Yes ❑ No
6b. If yes, explain.
This project is Phase 2 of an existing mixed use development.
Page 4 of 12

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ❑ Streams - tributaries ❑ Buffers
® Open Waters ❑ Pond Construction
2. Wetland Impacts N/A
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f_
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
❑Yes
❑ Corps
W1 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W2 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W3 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W4 ❑ P ❑ T
❑ No
❑ DWQ
❑ Yes
❑ Corps
W5 ❑ P ❑ T
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts N/A
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
feet)
Temporary (T)
(INT)?
other)
(feet)
❑ PER
❑ Corps
S1 ❑ P ❑ T
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ INT
❑ Corps
❑ DWQ
❑ PER
❑ Corps
S3 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S4 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S5 ❑ P ❑ T
❑ INT
❑ DWQ
❑ PER
❑ Corps
S6 ❑ P ❑ T
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number —
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ® P ❑ T
N/A
Regrading for stormwater and
access
RPW
0.047
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
05 ❑P❑T
06 ❑P❑T
07 ❑P❑T
0. Total open water impacts
0.047
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
Stormwater
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12

6. Buffer Impacts (for DWQ) N/A
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑Tar -Pamlico El Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
El Yes
B1 ❑P❑T
❑ No
El Yes
B2 ❑P❑T
❑ No
El Yes
B3 ❑P❑T
❑ No
6h_ Total buffer impacts
6i. Comments:
Page 7 of 12

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1 a.
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project engineer avoided all impacts to wetlands in Phase 2. One small impact to a jurisdictional ditch is needed for a
wet detention basin. The basin has been positioned in this location because it represents a low spot on the site, excluding
wetlands. The developer is also required to have a 10'-15' wide access corridor around the pond. Furthermore, the
number of buildings needed to make the project economically feasible limited options for minimization. Finally, the ditch in
this area bisects the property and avoiding it would have resulted in losing access to uplands on the site.
1 b.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fencing will be used during construction to reduce sediment from eroding into the jurisdictional areas.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in-lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank N/A
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4.
Complete if Making a Payment to In-lieu Fee Program N/A
4a. Approval letter from in-lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non-riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan N/A
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ N/A
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 9 of 12

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan N/A
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
—66%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: N/A
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Project engineer is currently preparing a Stormwater Plan.
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review N/A
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
El USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
® Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ®No
attached?
5.
DWQ 401 Unit Stormwater Review N/A
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
El Yes ❑ No
letter.)
Comments: N/A
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): N/A
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project will not provide access or utilities to adjacent properties. No future wetland impacts are anticipated.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The project will tie into the local sanitary sewer system.
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. No rare
species are known to occur within the site. Several rare plant and animal species are known to occur within one mile of
the site, including the Atlantic sturgeon, shortnose sturgeon, West Indian manatee, and American alligator. These are all
water dependent species and are likely found in nearby Sturgeon Creek and Brunswick River. The project will acquire a
stormwater permit and an erosion control permit. Therefore, these species will not be affected by the proposed project.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish
Habitat (EFH). No EFH or Habitat Areas of Particular Concern (HAPC) were identified at the site.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
® Yes ❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The NC SHPO HPOWEB GIS service website was used to determine the presence of cultural resources. No historic or
cultural resources were noted within the Phase 2 project area. The Claude and Elizabeth Baldwin House is shown to be
located within Phase 1, at the intersection of Baldwin Drive and Village Road (BW0404). It is classified as a "surveyed
only" structure with no NRHD designation.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program
Kim Williams
1
617/2017
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 12 of 12

LMG
7.AYi3 AfA:sAci£,�,FI?t:Fif3ii l':_::
Fnr,rar.-n. rrtrzi Conw.ran�z
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. (LMG) to act as our
agent in the determination of jurisdictional wetland boundaries. on the subject
property, Harrington Village Tract By way of this form,
I/we additionally authorize access to the site by representatives of the US Army Corps of
Engineers (COE) and the NC Division of Coastal Management (NC DCM) for the purpose of
reviewing the flagged wetland boundary and providing a final jurisdictional determination.
Any questions regarding the jurisdictional determination should be directed to LMG.
Please provide the following information:
Property Address and Parcel ID Number: 128 Baldwin Drive, portion of : 038BB026
Current Property Owner Name: Harrington Village Holdings LLC
Owner Address and Phone Number: 5112 Pine Birch Drive, Raleigh, NC 27606
Please answer the following auestions (circle Yes or No):
1. Are you the current owner of the property? Yes or No
2. If you are not the current owner, do you have a option to purchase or a contract to
purchase that allows for environmental due -diligence including the determination of
wetlands? Yes or No
3. If you answered no to the questions above, do you have an existing easement?
Yes or No
Name of Individual/Entity: 40',1(i o. o:��" 1 I to �( } � GL.t,. ►�(' s Lc
Signature of Authorized Representative:
Date: q1-1 113
ww- .lnigroup.net . Phone: [phone] • Fax: 910.4 +2.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

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Map Source: 2016 NC One Map World Imagery Aerial Photography
-Bo.rdaries are approximate ana are not meant to be absolute SCALE 1" = 200'
Harrington Village - Phase 2 LMG
Brunswick County, NC _ Figure 4
www.lmgroup.net Aerial Photograph
April 2017 3805 Wrightsville Avenue
LMG # 40-16-188 Wilmington, NC 28403
Phone: [phone] Fax: [phone]

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CHECK : F. BRAXTON SCALE : N/A
4.0 APPROVED : J. PETROFF DATE : 24 MAY 2017
Kof' �M I OLE NAME
/ / I HARRINGTON SQUARE &
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LELAND, NORTH CAROLINA
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GRAPHIC SCALE
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OWNER:
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60 GREGORY ROAD, STE. 1
BELVILLE, NC 28451
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APPROVED J. PETROFF DATE : 7 JUN 2017
FlLE NAME
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PHASE 2
LELAND, NORTH CAROLINA
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APPROVED J. PETROFF DATE : 7 JUN 2017
FlLE NAME
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PHASE 2
LELAND, NORTH CAROLINA
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OWNER:
HARRINGTON VILLAGE, LLC
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BELVILLE, NC 28451
[phone]
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APPROVED J. PETROFF DATE : 5 MAY 2017
,,FILE NAME
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PHASE 2
LELAND, NORTH CAROLINA
FIGURE 7
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OWNER:
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BELVILLE, NC 28451
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APPROVED J. PETROFF DATE : 5 MAY 2017
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PHASE 2
LELAND, NORTH CAROLINA
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A
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2016-01625 County: Brunswick U.S.G.S. Quad: NC -WILMINGTON
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Harrington Village Developers, LLC Agent: Land Management Group Inc.
attn.: D. Logan attn.: Wes Fryar
Address: 5112 Pine Branch Drive 3805 Wrightsville Ave Suite 15
Raleigh, NC, 27606 Wilmington, NC 28403
Size (acres) 7.47 Nearest Town Leland
Nearest Waterway Sturgeon Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.2360165505104
Longitude: -77.9991858053618
Location description: The parcel is located between Lee Drive and Fairview Drive accessed at the end of Baldwin
Drive in Leland, Brunswick County.
Indicate Which of the Following Apply:
A. Preliminary Determination
There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and .Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
_ There are wetlands on the above described property-, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
X There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
X The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA

r SAW -2016-01625
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at
[phone] or Brad.E.Shaver(a,usace.army.mil.
C. Basis For Determination: The subject area has both features that possess an ordinary high watermark and has
characteristics of wetlands as described in the 1987 Corps Delineation Manual, and appropriate regional supplement.
The site drains toward an unnamed tributary of Sturgeon Creek, a navigable water of the US.
D. Remarks: The site was field reviewed with Paul Farley on May 24, 2017. There were no changes to the line
requested during the site visit. This JD covers the second phase of Harrington Village.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM 15
Atlanta, Georgia 30303-8801

SAW -2016-01625
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by_July 24, 2017
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
SHAVER.BRAD.E.1 Digit^F signed by SHAVER3MD.E1276
D.601756
DN: r—US, o=U5. Government w=DOD, w=PK1,
276601756 D.i USA cn=SHAVERBRAD.E1276601756
Corps Regulatory Official: Date 2017.05.2414.4U34 -0400
Date: May 24, 2017 Expiration Date: May 24, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.amiN,,.mil/cm apex/f?p=.136:4:0.

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NOTE: This is not a survey. All boundaries and distances are considered approximate.
This represents a preliminary sketch prepared from field notes. A survey of delineated
areas and review and approval by the US Army Corps of Engineers is recommended prior
to specific site planning.
Potential Non -Jurisdictional Ditches in Uplands
Areas considered to be uplands - 7.24 ac or 97% - 200 -linear feet
Data point locations
Flagged wetlands - 0.23 ac or 3%
Potential Waters of the US (relatively permanent waters)
as regulated by the U.S. Army Corps of Engineers - 675 -linear feet
Map Source: 2014 GIS world Imagery Aerial Photography SCALE 1" = 150'
Harrington Village - Phase 2t_1LMG
Brunswick County, NC Figure 7
www.lmgroup.net Preliminary
April 2017 3805 Wrightsville Avenue Upland[Wetiand Sketch
LMG # 40-16-188 Wilmington, NC 28403
Phone: [phone] Fax: [phone]

A
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id: SAW -2016-01625 County: Brunswick U.S.G.S. Quad: Winnabow
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Harrington Viliage Developers, LLC
c/o D. Logan
60 Gregory Road, Suite 1
Belville North Carolina 28451
Agent: Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Size (acres) 13.2 -acres Nearest Town Leland
Nearest Waterway Brunswick River River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.236033 N
Longitude: -77.999170 W
Location description: The project area is located on the north side of Village Road NE, between Baldwin Drive and
Fairview Drive (Portions of Parcel Nos. 03813$026, 038BB02501, 0381311025, 038BB024, 038BB023, 0381313015, &
038BB033), in Leland Brunswick County, North Carolina. The proiect site has been cleared of all previously
Baldwin Drive and single-
family dwellings to the east.
Description of project area and activity: The project is the placement of fill material within iur sdictional wetlands
and ditch (Relatively Permanent Water) for the construction of a mixed use residential/commercial development,
including three mixed-use and four residential buildings, amenity center, internal roadways, parking areas,
ntilities_ and stormwater manauement facilities_ Permanent nroiect impacts will occur to 0.05 -acres (2.166 suuare
tcetl of juristltetionai wetlanas and i5p ynear Leet (l,oits square teetl oz turssntcuonal aiten. i ne project site is
subiect to an approved ,jurisdictional determination previously issued under Corps Action ID SAW -2016-01625 on
August 1.6, 2016.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 18 — Minor Discharges
SEEATTA CHED Ni3'P GENERAL and REGIONAL SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached condition(s) and your submitted application, specifically, the enclosed single plan sheet titled,
"Harrington Square & Harrington Village, Leland, North Carolina, Site Wetland Exhibit", Sheet W-1, dated
January 4, 2016, unrevised. Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide pen -nit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it
complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the

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nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in
reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of
the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Resources (telephone [phone]) to determine Section
401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at
[phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact John N. Policarpo at [phone].
Corps Regulatory Official _ _ _ Date: September 17, 2016
Expiration Date of Verification: March 18, 2017
Cc:
Chad Coburn, NCDEQ (via email)

Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project
area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
C. ❑ There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
D. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued on Action ID: SAW -201.6-01625
Basis for Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual
and the Atlantic and Gulf Coastal .Plain Relrional Supplement and also contains a Relatively Permanent Water (RPW). The
proiect area was subiect to an approved jurisdictional determination (Corps Pro'iect No. SAW -2(116-01625) issued on August
16, 2016.
Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C
above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (N TAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete; that it meets the criteria for appeal
tinder 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact me at 910-251-4487 or john.n.policarpola�usaec.army.mil.

Corps Regulatory Official:
Expiration Date: August 16, 2021
Date: September 17, 2016
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete our customer Satisfaction Survey online at littp://pert.nmT.usace.army.mil/survgy.html .

SAW -2016-01625
SPECIAL CONDITIONS
Harrington Village; Brunswick County
1. This permit does not authorize any additional fill material in waters of the U.S., including
jurisdictional wetlands, than what is stated in the permit. This permit authorizes permanent
impacts to 0.05 -acres (2,166 square feet) of jurisdictional wetlands and 180 linear feet of Relatively
Permanent Waters (1,478 square feet) for construction of a mixed-use commercial/residential
development.
2. All waters of the U.S., including jurisdictional wetlands, subject to temporary impact must be
restored to pre -construction conditions, including grade and vegetation, immediately after
construction activities are complete in accordance with the submitted restoration plan.
3. All fill material used within waters of the U.S., including jurisdictional wetlands, must be clean
and free of toxins and must come from an upland source. Dredging for fill material within waters
of the U.S., including jurisdictional wetlands, is not permitted by this authorization.
John N. Policarpo

P
Action ID Number: SAW -2016-01625 County: Brunswick
Permittee: Harrington Village Developers, LLC
Project Name: Harrington Village
Date Verification Issued: September 17, 2016
Project Manager: John N. Policarpo
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: John N. Policarpo
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
1. hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee Date

POND WITH WET. LAND INSET SCALE 1:80
I
NORTH REGIONAL
STORMWATER POND
RESIDENTIAL BUIL INGS
TI flfiai,-T —a is defined be
Norrintfon 1-topeny: 548,974 sf(12,601 rmv)
T.. i
r 1, lalId P.r.1-ty: 22,.U' ) Ir(tl 516 mw
To-ji'litwO: 57),-54r1(13JI9 acroI)
Th, mp—iu.s b—U.— is li,tsd Nl—:
N.I.wd 0nsil. 8.11diiIIp. I01,304 it(2,163 acrnt
Ft..dmy: 35,450 sf (0 837 acres)
proposed Onsil.Parking:143.8'76 st !3.3D3 lmme,
PROPERTY TO BE ACQUIRED pmposIdonVitc Side -1k: 44,556 if (1,022
BY TOWN OF LELAND FOR THE
REGIONAL STORMWATER FACILITY Fumrelmxrviom
MIXED 5EBUILDINGS
DELINEATED WETLANDS -
WETLAND INSET SCALE 1:80
L`Nn NUM a'see M:1 r40
7. 7,1 8 S
rem
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COWPVrM ROUNDARY TIE
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PRELIMINARY SITE PLAN
SCALE Ap,,,
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I LEGEND:
a
LELAND, NORTH CAROLINA
SITE WETLAND EXHIBIT
40